Samuel David Brooks v. Eric H. Holder, Jr.

In the case at hand, we decide whether a New York State conviction of one count of criminal possession of a weapon in violation of N.Y. Penal Law § 265.03(l)(b) satisfies the definition of a “crime of violence” under 18 U.S.C. § 16 such that petitioner in deportation proceedings was removable and also ineligible for cancellation of removal. We find that it does and thus deny the petition for review.

Petitioner Samuel David Brooks is a native and citizen of Jamaica who came to the United States as a lawful permanent resident in February 1996. On September 3, 2008, he pleaded guilty in a New…